Meth contaminated properties

Meth contaminated properties A property that has been used to manufacture methamphetamine, or has had methamphetamine smoked inside, can be contaminated with methamphetamine residue that can be present on the surfaces inside the property. A property used for manufacturing this illicit drug has different health implications than a property where the drug was just smoked. The manufacturing process potentially involves additional hazardous chemicals that can leave residue on surfaces. It is important to note that the most common method used in New Zealand for manufacturing methamphetamine does not involve solvents as used in other countries. Instead of the traditional glass
Read More

Auction Preparation

Property is often purchased and sold in New Zealand, particularly in a seller’s market, via auctions. However, buyers frequently under prepare for an auction and are caught out when the hammer falls. When purchasing at auction, a buyer is making an offer unconditionally. In essence, this means that the highest bidder over the reserve (being the lowest sum that the seller determines it will sell at) is making a binding cash offer and entering a binding agreement with the seller. Accordingly, buyers need to have completed all of their due diligence investigations and asked all of their key questions before
Read More

Alternative Dispute Resolution Series: Arbitration – How can it assist you?

Alternative Dispute Resolution (“ADR”) methods are an alternative option to going directly to court. Using ADR methods instead of pursuing the matter in court is commonly more cost effective for the parties involved, ADR may also take less time to resolve the dispute. ADR relieves the court of cases which they believe can be resolved without court assistance. This article is the second article in our ADR article series and will focus on arbitration. The arbitration process is governed by the Arbitration Act 1996 and the Arbitration Amendment Act 2007. Arbitration is a formal dispute resolution process whereby two or
Read More

Going Fishing? – Know your Limits

If you enjoy recreational fishing you need to know your limits! There are strict laws stating how many fish you can take in one day and the length. In our region you can take a combined bag of 20 fish including, Snapper, John Dory, Moki and Tarakihi and up to 10 Snapper (must be 27cm in length).  For a full list of the limits click here https://www.fisheries.govt.nz/travel-and-recreation/fishing/fishing-rules/auckland-kermadec-fishing-rules/#twistie          Make sure you don’t venture into the Rodney-Otakari Point (Goat Island) Marine Reserve and the Tawaharanui Marine Reserve – these are special areas reserved for protecting species and habitats for future generations.   Remember you can’t sell or trade any fish or shellfish you catch recreationally. Although you can
Read More

The new Anti-Money Laundering and Countering Financing of Terrorism laws

Anti-money laundering has recently been in the spotlight in New Zealand with the Ministry of Justice estimating that almost NZ$ 1.35 billion from fraud and illegal drugs is laundered through ordinary New Zealand businesses each year. To combat this kind of criminal activity, New Zealand’s anti-money laundering laws have been amended through the Anti-Money Laundering and Countering Financing of Terrorism (“AML/CFT”) Amendment Act 2017 (“Amendment Act”). It is intended that this Amendment Act will put practical measures in place that will protect businesses and make it harder for criminals to profit from and fund illegal activity. The amendments appear to
Read More

An introduction to shareholders’ agreement – Why are they important?

A shareholders’ agreement (“Agreement”) records the arrangements between the shareholders and directors of a company regarding the ownership, government and management of the company. Companies are not required to implement an Agreement by law. However, implementing an Agreement is recommended as it is designed to address areas regarding governance and control of business activities, whether external or internal, which a company constitution or the Companies Act 1993 may not specifically address. For example, the Companies Act 1993 may not provide specific guidance regarding the process for shareholders exiting a company. This is where an Agreement can be used by shareholders
Read More

Marriages and Name Changes

Individuals are able to assume a partner’s name immediately after getting married without any formal procedures. It is not necessary to register a name change. In such situations, both the maiden name and new name of a person will be recognised. When changing names on bank statements for example, a marriage certificate will be sufficient evidence to validate the change. Passports can remain unchanged and carry a maiden name. However for those wanting to record a name change officially, an application can be made to Births, Deaths and Marriages by making a statutory declaration and completing a name change form.
Read More

Joint Tenants vs. Tenants in Common

In New Zealand, when purchasing a property personally with another party you can choose to own the property as Joint Tenants or Tenants in Common. Deciding which form of ownership to use depends entirely on your personal circumstances. The differences between Joint Tenants and Tenants in Common are explained briefly below. JOINT TENANCY Joint tenancies arise when two or more people (‘joint tenants’) buy a property together and their shares in the property are undivided and undefined. One important feature of a joint tenancy is the right of survivorship. This means that when one of the joint tenants dies, their
Read More